The bustling urban traffic and lively tourist scene in the Sunshine State increase the likelihood of accidents and injuries for motorcyclists. This popular mode of transportation is among the most dangerous due to the lack of protection. As such, it’s important to exercise care and caution when riding a motorcycle and obey all Florida’s motorcycle laws, including wearing a helmet. Please continue reading to learn motorcycle helmet law exceptions and why connecting with our determined Manatee County Motorcycle Accident Lawyers is in your best interest.
Do I Have to Wear a Motorcycle Helmet in Florida?
Florida’s laws on motorcycle helmets are quite clear and apply to all riders. Mandatory motorcycle helmet laws have been enacted in various states, including Florida. However, it’s important to note that in 2020, Florida repealed its motorcycle helmet laws. The previous law required all riders to wear a helmet. Nevertheless, some riders can now legally operate a motorcycle without a helmet. If Florida helmet laws apply to you, your helmet must meet U.S. Department of Transportation (USDOT) standards. Helmets are required unless the operator is over the age of 21 and has insurance that provides at least $10,000 in medical benefits. If a rider doesn’t meet the age requirement or does not have the required insurance, they must wear a helmet and eye protection.
As mentioned above, some exceptions exist to Florida’s mandatory motorcycle helmet law. The law does not apply to riders in enclosed cabs. In addition, riders at least 16 years old riding a motorcycle that does not exceed 30 mph or is less than 5occ do not need to wear a helmet.
Can I Recover Damages if I Was Not Wearing a Helmet?
If Florida motorcycle helmet laws don’t apply to you, meaning you are over 21 and have the required insurance, you are not breaking the law by riding a motorcycle without a helmet. However, that won’t stop the insurance company from trying to minimize the value of your claim. Florida is a comparative negligence state. This means that if you are found partially at fault for the accident, your recovery of damages will be reduced by your degree of fault. The insurance company may try to argue that you were negligent in not wearing a motorcycle helmet.
At Becker & Lindauer, LLC, we are prepared to help you understand your rights and fight for maximum compensation for your damages. If you have been injured in a motorcycle accident due to someone else’s negligence, please don’t hesitate to contact a trusted Manatee County motorcycle accident lawyer, who can protect your best interests and guide you through this complex legal process.
